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(영문) 수원지방법원 2016.12.23 2016고합498

개발제한구역의지정및관리에관한특별조치법위반등

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In the case of the crimes of No. 1 and No. 3 in the judgment of the defendant, one year of imprisonment, and a fine of KRW 3 million for the crimes of No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal power] On December 7, 2010, the Defendant received a summary order of KRW 3 million from the Incheon District Court due to a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones due to an alteration of the original horse terminal in a development restriction zone. On May 21, 2012, the Defendant received a summary order of KRW 5 million due to a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones and a violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development based on Goods. On May 27, 2013, the Defendant received a summary order of KRW 3 million due to a violation of the Installation and Utilization of Sports Facilities for Sports Facilities, which was reported without filing a report on May 27, 2013.

【Criminal Facts】

1. Violation of the Act on Special Measures for Designation and Management of Development Restriction Zones;

A. The Defendant violated the Act on Special Measures for Designation and Management of Areas of Restricted Development due to the extension of an indoor riding club without permission is a person who operates an outdoor riding club with the trade name “E” from the Da-gu, Manam-si, and six parcels.

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store goods, etc. in a development restriction zone without obtaining permission from the competent authority, and in the case of riding courses, he/she may install facilities, such as indoor massages and marinas, only on a scale not exceeding 2,00§³.

Nevertheless, on November 6, 2013, the Defendant obtained a building permit for the Do, Sungnam-si, Sungnam-si, which is a development-restricted area, from the Sungnam-si Office, to Da, F, a club house (276.96mm2), marina (840m2), compost, and warehouse (420m2), and only obtained a building permit for the interior marina, the Defendant did not obtain a building permit for the interior marina, but did not obtain a building permit for the interior marina, the Defendant installed a wall with a height of 11m, minimum sevenm, 70m in length, and 30m in width on the ground of the outdoor marina (2,100m2 on the floor area) for the period from February to August 2014, and installed a wall with a width of 80m H-sn beamer 11m2 on that day without obtaining the construction approval from the competent authority on September 2014.